Ebberup said had they been warned, 33-year-old Anthony Senatore would have made arrangements to voluntarily turn himself in to face charges of child endangerment and enabling access by a minor to a loaded firearm.

Police said the 4-year-old then went outside and accidentally shot the 6-year-old, who was sitting in a quad nearby.

It’s unclear if he pulled the trigger or if the rifle accidentally discharged. The 4-year-old boy’s parents were home at the time of the incident, police said.

“Outside of the Holt family, no other person or family grieves more over the loss of Brandon,” Ebberup said. “There is not one day that passes where my client does not feel the pain and sorrow over the loss of such a wonderful child.”

Officials said four shotguns were found close to ammunition and accessible to Senatore’s three children in their Toms River home.

New Jersey gun owners who know minors could have access to them are required by law to properly secure the guns, Sloan reported. Securing methods could include using a container box or a trigger lock. Failing to do so could lead to disorderly persons offense, a misdemeanor, Sloan reported.

Ebberup said Senatore has waived his right to an initial court appearance. The next court date hasn’t yet been set. Senatore is free on $100,000 bail.